The 178 remaining product exclusions from the Section 301 duties on products of China are scheduled to expire at 11:59 p.m. eastern daylight time on November 9, 2026. As of this alert, the Office of the U.S. Trade Representative (USTR) has not announced a further extension. Unless USTR acts before then, goods currently entered under the exclusions will become subject to the applicable Section 301 duties.
Background
USTR extended the exclusions to this date in a notice published December 1, 2025 (90 Fed. Reg. 55232). The notice implemented the trade and economic deal announced by the White House on November 1, 2025, under which the United States would extend the 178 exclusions until November 10, 2026, and China would extend its existing exclusions through December 31, 2026. The notice stated that USTR “may continue to consider further extensions and/or additional modifications as appropriate,” but it did not open a new comment period.
The covered exclusions
- Heading 9903.88.69. Annex A of the notice extends all exclusions under heading 9903.88.69, described in U.S. notes 20(vvv)(i) through (iv) to subchapter III of chapter 99.
- Heading 9903.88.70. Annex B extends all exclusions under heading 9903.88.70, described in U.S. note 20(www). These include the 14 exclusions for certain solar manufacturing equipment that USTR announced on September 18, 2024.
The extension covers goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on November 30, 2025, and before 11:59 p.m. eastern daylight time on November 9, 2026.
Immediate Considerations
Importers that rely on heading 9903.88.69 or 9903.88.70 should take three steps. First, quantify duty exposure on goods that will enter after November 9, since an expired exclusion would subject those goods to the Section 301 rate for their HTSUS subheading. Second, review whether shipments in transit or in bonded warehouses can be entered or withdrawn before the deadline. Third, monitor USTR and the Federal Register through November 9, because any extension may be announced on short notice.
Please contact us should you wish to discuss your exposure or entry planning around the deadline.